Legislature(2021 - 2022)DAVIS 106
04/20/2021 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB133 | |
| HB145 | |
| HB58 | |
| HB153 | |
| HB58 | |
| HB153 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 133 | TELECONFERENCED | |
| + | HB 145 | TELECONFERENCED | |
| += | HB 58 | TELECONFERENCED | |
| *+ | HB 153 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 153-CHILD IN NEED OF AID; NOTICE OF PLACEMENT
4:51:25 PM
CO-CHAIR ZULKOSKY announced that the final order of business
would be HOUSE BILL NO. 153, "An Act relating to the
identification, location, and notification of specified family
members of a child who is in state custody."
4:51:37 PM
REPRESENTATIVE MIKE CRONK, Alaska State Legislature, as prime
sponsor, presented HB 153. He explained that HB 153 came about
after discovering the extent of the delays in finding close
friends or relatives when placing children in the most
appropriate homes. He opined that using language, such as "the
department completes the search in the shortest time feasible"
[sourced from House Bill 151, passed during the Thirtieth Alaska
State Legislature], does not provide sufficient time to ensure
family searches are completed in a timely manner. He added that
turnover at the division continues to be above 50 percent, with
children's cases being handled by multiple case workers,
increasing the time frame for the family search to be
accomplished. He expressed his concern that any delay in the
search for placement of Alaska Native children in appropriate
family members' homes as close to the child's home in injurious
to the child as well as to the child's cultural connections.
REPRESENTATIVE CRONK expressed additional concern over the
[United States] Fifth Circuit Court of Appeals decision to
strike portions of the Indian Child Welfare Act's (ICWA's)
preference to indigenous family placements and how that may
impact Alaska. Any delay in the family or cultural placement,
he continued, could mean a return to the 85 percent non Native
household placement rate, which was the rate that was
experienced prior to the ICWA's implementation. He reiterated
that it is important for children to be placed in a home as
close to the child's family home as possible, and to be placed
with relatives or family friends, as this ensures that the life
of the child is not unnecessarily upended and provides the child
with the cultural grounding. He expressed that this has been
proven to be the best placement option for a child.
REPRESENTATIVE CRONK shared a personal anecdote from his time
working as a teacher where his family took in a child who he had
previously taught who was taken away from her family home. He
explained that there seemed to be nothing his family could do to
alleviate her sorrow as she was not with her family and her
brothers had been placed in different homes. He shared that
this was an impactful experience for him. He noted that HB 153
originally was spearheaded by former State of Alaska
Representative Dave Talerico. He concluded that putting a 30-
day time limit on the search to find a family placement is
vital.
4:54:33 PM
REPRESENTATIVE MCCARTY asked Representative Cronk whether the
language in the bill definitively states that a child must be
placed in an appropriate home within 30 days.
REPRESENTATIVE CRONK responded that he understands that Alaska
is a big state and that a child may or may not be placed within
30 days, but it is important that everything possible is done to
place a child in the most appropriate home as possible.
4:55:43 PM
CO-CHAIR SNYDER asked Representative Cronk about the description
of Section 3, of HB 153, found in the Sectional Analysis, as
follows [original punctuation provided]:
Sec. 3. This section allows the department to provide
for emergency placement of a child while conducting
due diligence.
CO-CHAIR SNYDER asked how the sectional analysis relates to the
language in Section 3, lines 6 - 11, of HB 153, which read as
follows [original punctuation provided]:
* Sec. 3. The uncodified law of the State of Alaska is
amended by adding a new section to read: TRANSITION:
REGULATIONS. The Department of Health and Social
Services may adopt regulations necessary to implement
the changes made by this Act. The regulations take
effect under AS 44.62 (Administrative Procedure Act),
but not before the effective date of the law
implemented by the regulation.
CO-CHAIR SNYDER asked how the language in Section 3 of HB 153
differs from current practice.
4:57:54 PM
CHRISSY VOGELEY, Community Relations Manager, Office of
Children's Services (OCS), Department of Health and Social
Services, stated that she is equally confused by the difference
in content between the description of Section 3 in the Sectional
Analysis and Section 3 of HB 153.
REPRESENTATIVE CRONK noted that he has had some questions
similar to this, but expressed that the goal of the proposed
legislation is for children to not get lost, noting the high
turnover at OCS as a potential cause of this, and for there to
be an individual who is responsible for searching for
appropriate families within 30 days.
4:49:20 PM
CO-CHAIR SNYDER asked Ms. Vogeley how what is proposed in HB 153
differs from or augments what is currently happening.
MS. VOGELEY answered that federal law requires OCS to conduct
diligent and regular relative searches within the first 30 days
to notify adult family members of the removal of a child from
the child's home. She stated that this is already happening.
She shared that OCS also continues searching past the initial
30-day timeframe, and per the federal relative placement
preferences, OCS expands the search to find as many relatives as
possible in an attempt to place a child with a relative.
5:00:43 PM
REPRESENTATIVE SPOHNHOLZ commented that, while she supports the
intent of the bill, there may be some "clean-up" required. She
noted that Section 2 references an effective date in the bill,
but that there is no effective date. The referenced section
[Section 2, lines 1 - 15] read as follows [original punctuation
provided]:
* Sec. 2. The uncodified law of the State of Alaska is
amended by adding a new section to read:
APPLICABILITY. Section 1 of this Act applies to a
child in the custody or under the supervision of the
Department of Health and Social Services under AS
47.10 on or after the effective date of sec. 1 of this
Act.
REPRESENTATIVE SPOHNHOLZ noted the aforementioned difference
between the description of Section 3 in the Sectional Analysis
and Section 3 of HB 153 as another aspect that needs to be
cleaned up, and suggested that Representative Cronk consider
drafting some amendments to give the bill more structure.
5:01:46 PM
REPRESENTATIVE KURKA shared his understanding that there is a
default effective date for every bill, and that it is not
necessary to state an effective date explicitly. He asked
Representative Spohnholz for clarification on what she is
looking for regarding the effective date.
REPRESENTATIVE SPOHNHOLZ responded, observing that the way
[Section 3 of] HB 153 is drafted in its current state references
an effective date in Section 1 of HB 153 but there is none
listed. She said that she presumed that this was a drafting
error.
[HB 153 was held over.]